Timmins v. Hale

This is an appeal from an order setting aside a judgment for plaintiff and granting a new trial to defendant. The action was for malicious prosecution and plaintiff had verdict and judgment for $10,230, $5,000 as general damages, $5,000 as exemplary damages and $230 as special damages. The order recites eight grounds upon which the action of this court was based, which we have numbered for our own convenience; these are:

“That in consequence of inadvertence to which the attention of the court was not called, and to which no exception was taken, the defendant has not had his cause properly…